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MIDWEST EMPLOYERS CAS. CO. v. HARPOLE

No. 04-08-00183-CV.

293 S.W.3d 770 (2009)

MIDWEST EMPLOYERS CASUALTY COMPANY on Behalf of Terry ENGLISH, Appellant, v. Charles HARPOLE, Jim Carroll, Alan Kwast, Albert Lopez, and Brock Pittman, Appellees.

Court of Appeals of Texas, San Antonio.

June 24, 2009.

Attorney(s) appearing for the Case

Beth Watkins Squires, Law Office of Beth Squires, San Antonio, TX, for Appellant.

Gary N. Schumann, Savrick, Schumann, Johnson, McGarr, Kiminski & Shirley, L.L.P., Austin, TX, Alan S. Goldberger, Goldberger & Goldberger, Clifton, NJ, Jason L. West, Brock Person Guerra Reyna, P.C., San Antonio, TX, for Appellees.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by: REBECCA SIMMONS, Justice.

This appeal stems from the entry of a summary judgment, in favor of Appellees Charles Harpole, Jim Carroll, Alan Kwast, Albert Lopez, and Brock Pittman (collectively the Referees), based on the lack of duty owed to Brackenridge High School Coach Terry English. Because the Referees established, as a matter of law, that there was no genuine issue of material fact as to one of the essential elements of Midwest Employers...

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